Protect your Logo and Brand.
Apply Trade mark at Rs.1999+Govt Fees.
A trademark can be defined as the unique identity that makes your product or service stand out from the rest. The unique identity or expression can be a logo, photograph, slogan, word, sound, smell, colour combination or graphics.
In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government Of India. You can register the trademark under the act named, The Trademark Act, 1999. The registration provides the right to sue against others who try to copy your trademark.
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Trademark Registration
Trademark protection is available for certain names, symbols, devices, or words that will be used in connection with a good or service. Technically, if a certain mark is associated with a service, it is called a “service mark,” but trademark is commonly used to refer to both marks associated with services and goods. The purpose behind trademarks is to allow companies and individuals to indicate the source of their goods or services and to distinguish them from others in the industry.
A trademark not only gives the trademark owner the exclusive right to use the mark, but also allows the owner to prevent others from using a similar mark that can be confusing for the general public. A trademark cannot, however, prevent another person or company from making or selling the same goods or service under a clearly different mark.
A trademark is a logo, image, symbol, word(s), letter(s) or color(s) that is used and sometimes legally registered as a representation of a company. Once you register a trademark, you can use an R symbol along with it, and it will be valid till 10 years from the date of registration. You can easily get a ™ within 3 days. But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
Who can all apply for a Trademark?
In context to the trademark rules and regulations in India, things like sound, logo, words, phrases, colors, images, symbols, initials, or a mixture of all these can be registered.
A trademark application can be made by:
- Private firms
- Individuals
- Companies- Limited Liability Partnership, OPC, Private limited, Public, Partnership, etc.
- NGO’s
- Govt. offices
Any person, pretending to be the proprietor of a trademark used or intended to be applied by him, may apply in writing in a prescribed manner for registration. The application must include the trademark, the goods or services, name and address of the candidate with power of attorney, the time of use of the mark. The application must be in English or Hindi. It must be registered at the appropriate office.
Procedure for Applying Trademark
Trademark agent has the power of attorney from the right holder he can complete and file the application form. The form will require details such as name and address of the proprietor, a description of the goods and services associated with the mark, whether the mark is in use and a copy of the mark.
After the trademark application is provided for the Vienna classification, the trademark will be considered by the Trademark officer following specific guidelines and procedures. The officer may accept or deny the application as per his/her choice.
Vienna codification is a significant step. It is an international classification that is provided once you fill the application form. At this point, your application for registration will be expressed as – Sent for Vienna codification.
If the trademark application is denied, the candidate can go for a hearing. If the officer is satisfied with the given documents then the application will be transferred. If the officer is not satisfied, once again the application gets denied. If he/she is not entirely convinced about the reason for rejection, then the Intellectual Property Appellate Board can be reached.
Before a trademark application being registered, the Trademark Registrar will publish the trademark to be registered in the Trademark Journal along with this allow 90 days for any person to raise opposition.
After publishing in Trademark Journal, any concerned or affected person can object the trademark . After objection Registrar fix the hearing and take judgments on merit.
When you will pass by all these stages, and if the application is approved then you can start using the ® symbol which means that the Trademark has been registered. The entire procedure depends on the government which may take 1-2 years.
Advantage of getting Trademark
LEGAL PROTECTION
You become the legal owner of the registered trademark and no another person has the right to use your registered trademark without your prior permission. No action can be taken against a 2nd party if the trademark is not registered with the government. The registered trademark holder can take some legal action against anyone who tries to copy the trademark with any prior permission.
CREATION OF ASSET
Registered trademark can act as an asset as the owner of the trademark can easily sell franchise or allow it on the contract basis to another party. It creates a kind of intellectual property for the same.
UNIQUE IDENTITY
One of the best qualities of trademark registration is that it helps you to establish a unique identity of your company. And no other competitor can apply or use your trademark for similar goods or services.
TRUST OR GOODWILL
As registered trademark brings the uniqueness to your product, it can easily create a sense of trust, goodwill and quality in the minds of your customer
POPULARIZES YOUR BRAND
Registered trademark is easily searchable as it is available in government trademark database. It also helps you to get popular among people which are a great sign for your company.
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